The Quality of Adjudication: Reviewing the Settlement of Criminal Cases by the Judges

Abstract

In the development of the community, the law must be able to follow the development of the community as well. Judicial work, in contrast, is based on legislation and on the expertise of the personnel. The type of research is juridical-empirical research or a socio-legal research, which examines the legal provisions and what happens in communities. The research approach uses conceptual and cases approaches. The results show the principles of justice in the decision to resolve a criminal case by a judge in a court are sentenced through a court decision which must at least contain two aspects of justice, namely procedural justice and substantive justice. Procedural justice is justice related to the protection of the legal rights of the parties in each stage of the judicial process. Meanwhile, substantive justice is related to the content of judges' decisions in adjudicating a case, which is made based on objective, honest, impartial and rational-logical considerations. The settlement of justified criminal cases and the role of judges in achieving these values through judges' decisions in court is carried out by judges with the obligation to base their decisions on legal considerations that contain sociological, juridical, and philosophical values.

Keywords: Adjudication; Criminal Law; Court; Judges

DOI: 10.7176/JAAS/59-04

Publication date: December 31^st 2019